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" But a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected. "
Reports of Cases Argued and Determined on Six Circuits in Ireland: Taken ... - Σελίδα 178
1843 - 873 σελίδες
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A General Abridgement of Law and Equity: Alphabetically Digested ..., Τόμος 12

Charles Viner - 1801 - 484 σελίδες
.../CONFESSION of the prifoner obtained by promifes or threats ^ cannot be piven in evidence; for, being forced from the mind by the flattery of hope or the torture of fear, it comes in fo qutftionable a fhape when it is to be confidered as the evidence of guilt, that no credit...

The Rules of Evidence on Pleas of the Crown: Illustrated from ..., Τόμος 1

Leonard MacNally - 1802 - 420 σελίδες
...of guilt, and therefore it is admitted as proof of the crime to which it refers ; but a confeffion forced from the mind by the flattery of hope or the torture of fear, comes in fo queftionable a fhape, when it is confidered as evidence of guilt, that no credit ought to be given...

A Practical Guide to the Quarter Sessions and Other Sessions of the Peace ...

William Dickinson - 1820 - 922 σελίδες
...rejected as inadmissible, under a consideration, whether they arc, or are not, entitled to credit : and a confession forced from the mind, by the flattery of hope, or by the torture of apprehension, comes in so questionable a shape, when it is to be considered as the...

The Justice of the Peace, and Parish Officer, Τόμος 1

Richard Burn - 1820 - 894 σελίδες
...evidence. For the law will not suffer a prisoner to be made the deluded instrument of his own conviction. A confession forced from the mind by the flattery of hope, or pcr cur. by the torture of fear, comes in so questionable a shape, when it K. v. Jane is to be considered...

The American Jurist and Law Magazine, Τόμος 2;Τόμος 20

1843 - 498 σελίδες
...evidence of that fact." " A free and voluntary confession is deserving the highest credit, . . . but a confession forced from the mind by the flattery...torture of fear comes in so questionable a shape that no credit ought to be given it : therefore it is rejected."1 Without hope or fear, gain or loss, when...

Crown Cases Reserved for Consideration: 1837 to 1844

Great Britain. Court for Crown Cases Reserved - 1837 - 570 σελίδες
...strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers ; but a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape, when it is to be considered as the evidence...

Crown Cases Reserved for Consideration [1824-44]: 1824 to 1837

Great Britain. Court for Crown Cases Reserved, William Moody - 1839 - 584 σελίδες
...strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers ; but a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape, when it is to be considered as the evidence...

A Digest of the Law of Evidence in Criminal Cases

Henry Roscoe - 1840 - 908 σελίδες
...evidence, unless it was made freely and voluntarily, and not under the influence of promises or threats. " A confession forced from the mind by the flattery...torture of fear, comes in so questionable a shape, when it is to be considered the evidence of guilt, that no credit ought to be given to it, and therefore...

The Law Magazine: Or, Quarterly Review of Jurisprudence, Τόμος 28

1842 - 536 σελίδες
...arguments were used, they were probably these: Warickshall's case, 1 Leach, 263, established the doctrine that " a confession forced from the mind by the flattery of hope or by the torture of fear, conies in so questionable a shape, when it is to be considered as the evidence...

On the Admissibility of Confessions and Challenge of Jurors in Criminal ...

Henry Holmes Joy - 1842 - 270 σελίδες
...strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers; but a confession forced from the mind by the flattery of hope or by the torture of fear, comes in so questionable a shape (a) 1 Leach, CC 263, case 131, Ed. 1815. Old...




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